Section 279.608 - Material deviation from or amendment of redevelopment plan: Recommendation to legislative body; hearing; notice; report and recommendations by planning commission; action by legislative body1. If, at any time after the adoption of a redevelopment plan by the legislative body, the agency desires to take an action that will constitute a material deviation from the plan or otherwise determines that it would be necessary or desirable to amend the plan, the agency must recommend the amendment of the plan to the legislative body. An amendment may include the addition of one or more areas to any redevelopment area but, except as otherwise provided in subsection 2, may not include the removal of an area from any redevelopment area, regardless of whether that area was initially a part of the redevelopment area or was added later through amendment.2. Except as otherwise provided in NRS 279.683, in a city whose population is less than 25,000, an amendment to a redevelopment plan may include the removal of an area from a redevelopment area only if the area proposed for removal consists primarily of single-family residential dwellings or multi-family residential dwellings of three stories or less, or both.3. Before recommending amendment of the plan, the agency shall hold a public hearing on the proposed amendment. Notice of that hearing must be published at least 10 days before the date of hearing in a newspaper of general circulation, printed and published in the community, or, if there is none, in a newspaper selected by the agency. The notice of hearing must include a legal description of the boundaries of the area designated in the plan to be amended and a general statement of the purpose of the amendment.4. In addition to the notice published pursuant to subsection 3, the agency shall cause a notice of hearing on a proposed amendment to the plan to be sent by mail at least 10 days before the date of the hearing to each owner of real property, as listed in the records of the county assessor, whom the agency determines is likely to be directly affected by the proposed amendment. The notice must: (a) Set forth the date, time, place and purpose of the hearing and a physical description of, or a map detailing, the proposed amendment; and(b) Contain a brief summary of the intent of the proposed amendment.5. If after the public hearing, the agency recommends substantial changes in the plan which affect the master or community plan adopted by the planning commission or the legislative body, those changes must be submitted by the agency to the planning commission for its report and recommendation. The planning commission shall give its report and recommendations to the legislative body within 30 days after the agency submitted the changes to the planning commission.6. After receiving the recommendation of the agency concerning the changes in the plan, the legislative body shall hold a public hearing on the proposed amendment, notice of which must be published in a newspaper in the manner designated for notice of hearing by the agency. The legislative body shall adopt an ordinance amending the ordinance adopting the plan if, after the public hearing held pursuant to this subsection, the legislative body determines that the amendment to the plan proposed by the agency:(a) For an amendment that includes the removal of an area from any redevelopment area pursuant to subsection 2: (1) Is not prohibited by NRS 279.683;(2) Will only remove from the redevelopment area an area that consists primarily of single-family residential dwellings or multi-family residential dwellings of three stories or less, or both; and(3) Is necessary or desirable because it is in the public interest for the property tax revenue collected from the area that will be removed to be distributed in the same manner as property tax revenue is distributed outside the redevelopment area; and(b) For any other amendment, is necessary or desirable.7. As used in this section, "material deviation" means an action that, if taken, would alter significantly one or more of the aspects of a redevelopment plan that are required to be shown in the redevelopment plan pursuant to NRS 279.572. The term includes, without limitation, the vacation of a street that is depicted in the streets and highways plan of the master plan described in NRS 278.160 which has been adopted for the community and the relocation of a public park. The term does not include the vacation of a street that is not depicted in the streets and highways plan of the master plan described in NRS 278.160 which has been adopted for the community.Added to NRS by 1959, 664; A 1983, 492; 1985, 2077; 2003, 2344; 2009, 2769; 2013, 1510; 2017, 3420; 2023, 281Amended by 2023, Ch. 57,§1, eff. 5/29/2023.Amended by 2017, Ch. 508,§1.8, eff. 6/9/2017.Amended by 2013, Ch. 320,§10, eff. 6/1/2013.Added to NRS by 1959, 664; A 1983, 492; 1985, 2077; 2003, 2344; 2009, 2769